A week after the United States said in a directive that those trying to obtain green cards for permanent residency must return to their home countries until approved, the Department of Homeland Security (DHS) appears to have done a U-turn. according to a new york times In the report, DHS now says “only some people will have to go back” and that the new policy won’t have much of an impact on existing rules.
The report comes a week after U.S. Citizenship and Immigration Services spokesman Zach Kahler said in a statement that those seeking permanent residency under President Donald Trump’s crackdown on immigration will have to return to their home countries.
“From now on, foreigners who are temporarily in the United States and want a green card must return to their home country to apply, unless there are special circumstances,” Kahler was quoted as saying by Bloomberg.
Kahler added: “This policy allows our immigration system to function within the letter of the law, rather than encouraging loopholes. When foreigners apply from their home countries, it reduces the need to seek out and deport those who, after being denied residency, decide to fall into the shadows and remain in the United States illegally.”
Current policy allows immigrants to wait in the United States for green card approval. According to reports, about 1.4 million green cards were issued to people in 2024 alone, some of them through “adjustment of status,” a process that allows eligible immigrants to apply for permanent residence in the United States. Applicants are usually sponsored by their employer or close relative.
However, last week’s order said people seeking permanent residency in the U.S. must do so from their home country except in “extraordinary” circumstances.
Also read: Green Card Alert: New rules increase vulnerability of these U.S. visa holders; full details here
A spokesperson for the Department of Homeland Security told the New York Times that this is not a sweeping change and that it will be up to immigration officials to determine whether someone needs to apply for a green card in their home country, which is already in place.
“This is just a reminder to officials that their discretion always exists on a case-by-case basis,” the spokesman said.
one similar clarification Kahler also made the announcement earlier, saying people who offer “financial benefits or otherwise in the national interest” may not be required to travel abroad for the process.
The May 21 memo attracted widespread attention, especially among F-1 student and tourist visa holders.
H-1B visa holdersIndians account for nearly 70% of them, and they are also worried about this directive. However, reports indicate that H-1B holders are likely to receive a relatively high degree of protection under the revised framework. The “dual intent” doctrine in H-1B allows visa holders to work temporarily in the United States while seeking long-term residency.
Despite the Department of Homeland Security’s clarification on the matter, uncertainty remains about the future of the green card allocation process.
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